Bill Text: NY S06401 | 2019-2020 | General Assembly | Amended


Bill Title: Permits 4-H certified shooting sports instructors to supervise and instruct persons under sixteen years of age at shooting ranges.

Spectrum: Bipartisan Bill

Status: (Passed) 2020-08-24 - signed chap.150 [S06401 Detail]

Download: New_York-2019-S06401-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6401--B
            Cal. No. 370

                               2019-2020 Regular Sessions

                    IN SENATE

                                      June 7, 2019
                                       ___________

        Introduced  by  Sen. BRESLIN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules  --  recommitted  to
          the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted  to said committee -- reported favorably from said commit-
          tee, ordered to first and second report,  amended  on  second  report,
          ordered  to a third reading, and to be reprinted as amended, retaining
          its place in the order of third reading

        AN ACT to amend the penal law, in relation to permitting  4-H  certified
          shooting  sports  instructors  to supervise and instruct persons under
          sixteen years of age at shooting ranges

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 19 of section 265.00 of the penal law, as added
     2  by chapter 446 of the laws of 1997, is amended to read as follows:
     3    19. "Duly authorized instructor" means (a) a duly commissioned officer
     4  of  the United States army, navy, marine corps or coast guard, or of the
     5  national guard of the state of New York; or (b) a duly  qualified  adult
     6  citizen  of  the  United States who has been granted a certificate as an
     7  instructor in small arms practice issued by the United States army, navy
     8  or marine corps, or by the adjutant general of this  state,  or  by  the
     9  national rifle association of America, a not-for-profit corporation duly
    10  organized under the laws of this state; [or] (c) by a person duly quali-
    11  fied  and  designated  by  the  department of environmental conservation
    12  under paragraph [d] c of subdivision [six] three of section  11-0713  of
    13  the  environmental  conservation  law  as  its  agent  in  the giving of
    14  instruction and the making of certifications of qualification in respon-
    15  sible hunting practices; or (d) a New York state 4-H certified  shooting
    16  sports instructor.
    17    §  2. Paragraphs 7, 7-c, and 7-d of subdivision a of section 265.20 of
    18  the penal law, paragraph 7 as amended by chapter 180 of the laws of 1998

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13021-07-0

        S. 6401--B                          2

     1  and paragraphs 7-c and 7-d as added by chapter 651 of the laws of  1996,
     2  are amended to read as follows:
     3    7.  Possession, at an indoor or outdoor shooting range for the purpose
     4  of loading and firing, of a rifle or shotgun, the  propelling  force  of
     5  which  is gunpowder by a person under sixteen years of age but not under
     6  twelve, under the immediate supervision, guidance and instruction of (a)
     7  a duly commissioned officer of the United States army, navy, air  force,
     8  marine  corps  or  coast guard, or of the national guard of the state of
     9  New York; or (b) a duly qualified adult citizen of the United States who
    10  has been granted a certificate as an instructor in small  arms  practice
    11  issued by the United States army, navy, air force or marine corps, or by
    12  the  adjutant  general of this state, [or] by the national rifle associ-
    13  ation of America, a not-for-profit corporation duly organized under  the
    14  laws of this state, or by a New York state 4-H certified shooting sports
    15  instructor; or (c) a parent, guardian, or a person over the age of eigh-
    16  teen  designated  in writing by such parent or guardian who shall have a
    17  certificate of qualification in responsible hunting,  including  safety,
    18  ethics,  and  landowner relations-hunter relations, issued or honored by
    19  the department of environmental conservation; or (d)  an  agent  of  the
    20  department of environmental conservation appointed to conduct courses in
    21  responsible hunting practices pursuant to article eleven of the environ-
    22  mental conservation law.
    23    7-c.  Possession  for  the  purpose of loading and firing, of a rifle,
    24  pistol or shotgun, the propelling force of  which  may  be  either  air,
    25  compressed  gas  or  springs, by a person under sixteen years of age but
    26  not under twelve, under the immediate supervision, guidance and instruc-
    27  tion of (a) a duly commissioned officer of the United States army, navy,
    28  marine corps or coast guard, or of the national guard of  the  state  of
    29  New York; or (b) a duly qualified adult citizen of the United States who
    30  has  been  granted a certificate as an instructor in small arms practice
    31  issued by the United States army, navy or marine corps, or by the  adju-
    32  tant  general  of  this state, [or] by the national rifle association of
    33  America, a not-for-profit corporation duly organized under the  laws  of
    34  this  state,  or  by  a  New  York  state  4-H certified shooting sports
    35  instructor; or (c) a parent, guardian, or a person over the age of eigh-
    36  teen designated in writing by such parent or guardian who shall  have  a
    37  certificate  of  qualification in responsible hunting, including safety,
    38  ethics, and landowner relations-hunter relations, issued or  honored  by
    39  the department of environmental conservation.
    40    7-d.  Possession,  at  an  indoor  or  outdoor  shooting range for the
    41  purpose of loading and firing,  of  a  rifle,  pistol  or  shotgun,  the
    42  propelling  force of which may be either air, compressed gas or springs,
    43  by a person under twelve years of age, under the immediate  supervision,
    44  guidance  and  instruction  of  (a)  a  duly commissioned officer of the
    45  United States army, navy,  marine  corps  or  coast  guard,  or  of  the
    46  national  guard  of the state of New York; or (b) a duly qualified adult
    47  citizen of the United States who has been granted a  certificate  as  an
    48  instructor in small arms practice issued by the United States army, navy
    49  or  marine  corps, or by the adjutant general of this state, [or] by the
    50  national rifle association of America, a not-for-profit corporation duly
    51  organized under the laws of this state, or  by  a  New  York  state  4-H
    52  certified  shooting  sports  instructor; or (c) a parent, guardian, or a
    53  person over the age of eighteen designated in writing by such parent  or
    54  guardian  who  shall  have a certificate of qualification in responsible
    55  hunting,  including  safety,  ethics,  and  landowner   relations-hunter

        S. 6401--B                          3

     1  relations,  issued or honored by the department of environmental conser-
     2  vation.
     3    § 3. Section 265.00 of the penal law is amended by adding a new subdi-
     4  vision 31 to read as follows:
     5    31.  "New York state 4-H certified shooting instructor" means a certi-
     6  fied shooting sports instructor of the National 4-H Shooting  Sports,  a
     7  non-profit  organization, engaged in shooting education and youth devel-
     8  opment programming that is administered by  the  National  Institute  of
     9  Food and Agriculture of the United States department of agriculture.
    10    § 4. This act shall take effect immediately.
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